Ordinance 72-21
To: Members of Dublin City Council
From: Dana L. McDaniel, City Manager
Date: October 15, 2021
Initiated By: Jennifer D. Readler, Law Director
Re: Ordinance 72-21 - Amending Section 34.02 “Definitions” and Enacting
a New Section 34.08 “Virtual Meetings” of the Codified Ordinances of
the City of Dublin, Ohio to Permit Municipal Body Members to Hold,
Attend and Conduct Meetings Virtually.
Background
Council referred consideration of a virtual meetings ordinance and corresponding revisions to the
Council Rules of Order to the Administrative Committee. The Administrative Committee met to
discuss the Ordinance and Rules, most recently on October 5, 2021. The proposed Ordinance
reflects the discussion of the Committee.
Prior to the COVID-19 pandemic, Ohio Revised Code Section 121.22 regulated meetings of public
bodies. Section 121.22 has several requirements for public body meetings including: that they be
open to the public; that minutes of the meeting be prepared, filed and maintained; that notice of
meetings be given, and; that certain requirements be met before an executive session is held.
Specifically, R.C. Section 121.22(C) requires members of a public body to be present, in person, at
meetings for their vote to be counted and to count toward a quorum.
As you are aware, the Ohio General Assembly passed House Bill 197 authorizing municipal bodies
to conduct meetings virtually as a response to the COVID-19 pandemic. This original authorization
would have expired in December of 2020, but a new bill, House Bill 404, was passed. House Bill
404 continued the authorization for municipal bodies to conduct meetings virtually. While creating
a permanent or additional authorization for virtual meetings was considered by the Ohio General
Assembly, legislation to that effect was never passed. The House Bill 404 authorization for virtual
meetings expired on July 1, 2021.
Since the virtual meeting’s authorization from the General Assembly was permitted to expire, the
number of COVID-19 cases in Ohio has continued to fluctuate. At least one new variant of the
virus, the Delta variant, is present in Ohio. Also, hospitalizations due to COVID-19 have been on
the rise. Many local municipalities have re-initiated their mask mandates as a result of the growing
numbers of COVID-19.
Multiple municipalities throughout Ohio have enacted virtual meetings ordinances, each with their
own authorizations and limitations as to who may attend virtually. Cincinnati passed a virtual
meetings ordinance on June 13, 2021. Cleveland passed a virtual meetings ordinance on July 14,
2021. Most recently, Worthington passed a virtual meetings ordinance on September 7, 2021.
Office of the City Manager
5555 Perimeter Drive • Dublin, OH 43017-1090
Phone: 614-410-4400 • Fax: 614-410-4490 Memo
Ord. 72-21 – Amending Section 34.02 “Definitions” and Enacting a New Section 34.08 “Virtual Meetings” of
the Codified Ordinances of the City of Dublin, Ohio to Permit Municipal Body Members to Hold, Attend and
Conduct Meetings Virtually.
October 15, 2021
Page 2 of 3
The Home Rule Amendment (Section 3, Article XVIII) of the Ohio Constitution grants Ohio
municipalities the authority to exercise all powers of local self-government and to adopt and
enforce within their limits such local police, sanitary, and other similar regulations, as are not in
conflict with general laws. The Ohio Supreme Court has defined matters of local self-government
as those actions in which “the results affect only the municipality itself, with no external effects.”
All municipalities have inherent Home Rule authority under Ohio law. However, under Section 7,
Article VXIII, municipalities that adopt a charter are permitted to further establish the rights and
powers of local self-government. Typically, Charter municipalities are afforded greater deference
in their decision making than non-charter municipalities.
The Dublin City Charter does not prohibit public meetings from being held virtually. Therefore,
enacting an ordinance authorizing virtual meetings would arguably take precedence over the Open
Meetings Act if the two were in conflict. Consequently, the City of Dublin, as a charter
municipality, can enact legislation permitting public body members to attend public meetings
virtually.
Summary
Changes to Section 34.02 Definitions
To permit virtual meetings, a few changes to the definitions under Chapter 34 of the Dublin
Codified Ordinances are necessary. First, a definition of the word “Hearing” must be included so
that its inclusion as a possible instance when public body members can attend virtually is clear.
Second, the definition of “Municipal Body” must be expanded so that it is clear that all City of
Dublin bodies can attend meetings virtually. Lastly, a definition for “Virtual” must be created so
that the type of attendance permitted, other than in-person, is clear. A few minor, and unrelated,
additional updates to the definitions section are outlined in the ordinance.
Creation of a Virtual Meetings Ordinance
The proposed virtual meetings ordinance would create the ability for any public body member of
the City to attend public meetings virtually. The ordinance would essentially give the member all
of the same rights as if they were present in-person. Members of the public would also be
permitted to participate virtually if so authorized by the public body.
The actual implementation of this ordinance would be linked to the public body’s Rules of Order or
Rules and Regulations. Council will be considering updates to its Rules of Order to implement this
Ordinance as a Resolution on November 8, 2021. We recommend that no City board or
Commission conduct a virtual meeting unless and until Council authorizes revisions to the board or
commission’s rules and regulations in order to implement the virtual meeting Code authorization.
The Administrative Committee had a few sections in the Rules of Order that they would like to
elevate for discussion of the entire Council. Attached is a redline of the proposed Rules of Order –
two specific areas of discussion are Sections 4.05 and 8. Alternative language is provided for each
of these sections and direction is requested as to which versions to use for the upcoming
Resolution.
Ord. 72-21 – Amending Section 34.02 “Definitions” and Enacting a New Section 34.08 “Virtual Meetings” of
the Codified Ordinances of the City of Dublin, Ohio to Permit Municipal Body Members to Hold, Attend and
Conduct Meetings Virtually.
October 15, 2021
Page 3 of 3
RECOMMENDATION
Staff recommends approval of the Ordinance at the second reading/public hearing on November 8,
2021.
34.02. DEFINITIONS
For the purpose of this chapter, the following definitions shall apply unless the context clearly
indicates or requires a different meaning.
CLERK. The Clerk of Council.
DAY. Calendar day.
HEARING. Any administrative hearing or other hearing at which persons present oral or
written testimony for consideration and determination of a matter before the Municipal Body.
MANAGER. The Manager of Dublin, Ohio.
MEETING. Any prearranged discussion of the public business of a Municipal Body by a
majority of the members of the Municipal Body.
MUNICIPAL BODY. Each of the following:
(1) Council;
(2) Planning and Zoning Commission;
(3) Board of Zoning Appeals;
(4) Architectural Review Board;
(5) Personnel Board of Review;
(6) Any other Board, or Commission, or Committee created by the City Charter, the
Mayor, or Council or both and;
(7) Committees or subcommittees of the above Municipal Bodies comprised of members
of such Bodies if such committees are comprised of a majority of the members of the main
Municipal Body, or are decision making committees.
ORAL NOTIFICATION. Notification given orally either in person or by telephone, directly to
the person for whom such notification is intended, or by leaving an oral message for such
person at the address, or if by telephone at the telephone number, of such person as shown on
the records kept by the Clerk and/or Manager pursuant to this chapter.
POST. To post in at three public places as designated by Council pursuant to Section 4.12 of
the Revised Charter.
PUBLISHED. Published once in a newspaper having a general circulation in the Municipality,
as defined in R.C. § 7.12, except that no portion of such newspaper need be printed in the
municipality. If at the time of any such publication there is no such newspaper of general
circulation, then such publication shall be in a newspaper then determined by the Clerk to have
the largest circulation in the municipality.
SPECIAL MEETING. A meeting which is neither a regular meeting nor an adjournment of a
regular, or special, meeting to another time or day to consider items specifically stated on the
original agenda of such regular, or special, meeting.
VIRTUAL. Using video and audio to connect online, via livestreaming by means of the
internet, or participating in a meeting by means of other similar electronic technology that
provides an opportunity for the meeting participants to both observe and participate in the
meeting.
WRITTEN NOTIFICATION. Notification in writing mailed, telegraphed electronically mailed
or delivered to the address of the person for whom such notification is intended as shown on
the records kept by the Clerk and/or Manager under this chapter, or in any way delivered to
such person. If mailed, such notification shall be mailed by first-class mail, deposited in a U.S.
Postal Service mailbox no later than the second day preceding the day of the meeting to which
such notification refers, provided that at least one regular mail delivery day falls between the
day of mailing and the day of such meeting.
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Deleted: an area accessible to the public during the
usual business hours at the office of the Clerk and at
the following locations:¶
(1) The Dublin Branch¶
Columbus Public Library¶
75 North High Street¶
Dublin, Ohio 43017¶
(2) The Dublin Barbershop¶
24 South High Street¶
Dublin, Ohio 43017¶
(3) Dublin T.V. Incorporated¶
36 North High Street¶
Dublin, Ohio 43017¶
A notice identifying the locations at which
notifications will be posted pursuant to this chapter
shall be published by the Clerk within ten calendar days
after the adoption of this chapter.
§ 34.08 VIRTUAL MEETINGS.
(A) Members of municipal public bodies may hold, attend, permit public participation and
conduct meetings and hearings virtually, in-person or a combination of the two and all of
the following apply:
(1) Any ordinance, resolution, motion, rule, decision, or other formal action passed or taken
while Members attend virtually shall have the same effect as if it had occurred during
an open meeting or hearing in which all members of the Municipal Body attended in
person.
(2) Municipal Body members who attend a meeting or hearing by virtual means shall be
considered present, as if the member attended the meeting or hearing in person, shall
be permitted to vote, and shall be counted for determining whether a quorum is present
at the meeting or hearing.
(3) Municipal bodies shall provide notification of meetings and hearings held under this
section to the public, to the media that have requested notification of a meeting, and
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to the parties required to be notified of a hearing, at least twenty-four hours in advance
of the meeting or hearing by reasonable methods by which any person may determine
the time, location, and the manner by which the meeting or hearing will be conducted,
except in the event of an emergency hearing requiring immediate official action. In the
event of an emergency, the Municipal Body shall immediately notify the news media
that have requested notification, or the parties required to be notified of a hearing of
the time, place, and purpose of the meeting or hearing.
(4) The Municipal Body shall provide the public access to a public meeting under this
section, and to any hearing held under this section that the public would otherwise be
entitled to attend, commensurate with the method in which the meeting or hearing is
being conducted, including, but not limited to, examples such as live-streaming by
means of the internet or by means of any other similar electronic technology. The
Municipal Body shall ensure that the public can observe and hear the discussions and
deliberations of all the members of the Municipal Body, whether the member is
participating by virtual means or in person.
(5) When members of a Municipal Body decide to conduct a hearing by virtual means the
Municipal Body must establish a means, using electronic equipment that is widely
available to the general public, to converse with witnesses and to receive documentary
testimony and physical evidence.
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COUNCIL RULES OF ORDER
1. DEFINITION OF TERMS
1.01 Charter – the Revised Charter of Dublin, Ohio effective July 4, 1996, and
its amendments, if any;
1.02 Member – a member of Council;
1.03 Chair – the presiding officer of Council who is the Mayor under the
Charter;
1.04 Clerk – the Clerk of Council;
1.05 Meeting – any regular or special meeting of Council;
1.06 Quorum – a majority of the members elected to Council;
1.07 Standing Committee – a permanent committee created by Council
resolution, usually composed of three members;
1.08 Ad Hoc Committee – a temporary committee created by Council motion,
usually composed of two members;
1.09 Virtual – using video and audio to connect online, via livestreaming by
means of the internet or other similar electronic technology that provides an
opportunity for the meeting participants to both observe and participate in
the meeting.
1.10 Work Session – a meeting of Council called for the purposes of discussion
on prearranged topics and/or training.
2. APPLICATION OF RULES
2.01 Except as otherwise provided by the Revised Charter, the Dublin Codified
Ordinances or laws of the State of Ohio, the functioning and proceedings of
Council shall be governed by these Council Rules of Order.
2.02 On matters involving parliamentary procedure not provided for in these
Council Rules of Order, the Clerk’s latest revised edition of “Robert’s Rules
of Order” shall be referenced by the Mayor as persuasive, rather than
binding, and the Mayor’s determination shall be final.
2.03 The Law Director shall act as parliamentarian and, when applicable, shall
interpret “Robert’s Rules of Order” for Council.
2.04 These Rules of Order shall not be altered except by a vote of a majority of
all members of Council, and at a regular or special meeting. The
proposition to make an amendment shall be in the form of a resolution.
These Rules of Order may be suspended, when appropriate, by a majority
vote of all Council members.
3. COUNCIL COMMITTEES
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preceding the one at which it is acted upon
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3.01 Ad hoc committees may be created by Council to review, study and make
recommendations on specific matters. Council shall appoint each ad hoc
committee, give it a charge, and establish the time frame within which the
committee is to report to Council. When an ad hoc committee has
completed its charge, the existence of the committee shall terminate.
3.02 Council, from time to time, may establish new standing committees, assign
the functions of standing committees, add, combine, expand, contract or
eliminate certain standing committees as it deems necessary for the proper
functioning of Council.
3.03 Membership and Chairship of each standing committee shall be determined
by consensus, taking into consideration the preferences, willingness, and
experience of each Council member.
3.04 The Standing Committees of Council have been established as the
Administrative Committee, Community Development Committee, Finance
Committee, and Public Services Committee. Each Committee shall review
matters which fall within the topic areas below and such other matters as
may be referred to the Committee by Council :
a. The Administrative Committee shall review matters relating to
Council employee hiring and evaluations; City personnel policies,
compensation and benefits; board and commission appointments;
strategic planning; Council goal setting; information technology;
policy process; marketing and communications; and Council
procedures and operations.
b. The Community Development Committee shall review matters
relating to economic development, growth management and
transportation systems and grant applications related to
improvement of the aesthetics of the community.
c. The Finance Committee shall review matters relating to general
financial and taxation policy; hotel/motel tax grant applications;
operating budgets; capital improvement programs; and fees.
d. The Public Services Committee shall review matters relating to
police, fire and emergency services; traffic and related matters;
public health and human services; parks and recreation; utilities,
telecommunications and energy; engineering; and public art.
e. City Council may determine and/or the City Manager may
recommend to Council the appropriate committee for review of
topics/issues not otherwise mentioned in this section.
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3.05 The Clerk of Council shall provide for the electronic recordings of all ad
hoc and standing committee meetings and will prepare and maintain
minutes of these meetings as the permanent record of these meetings.
4. COUNCIL MEETINGS
4.01 Regular meetings shall be held on the second and fourth Mondays of the
month or on such dates as are otherwise approved on the yearly meeting
calendar or by a majority vote of City Council. Regular meetings shall be
convened in the Council Chambers of the City of Dublin at 7:00 p.m., at an
alternate time or alternate public place within the City of Dublin corporate
limits, or virtually, if necessary, provided that a public notice shall be
posted on the entrance doors of City Hall or on the City’s website 24 hours
prior to the meeting time. If Council convenes an executive session before
a regular meeting, the meeting start time shall be adjusted accordingly. In
the event that a regular meeting date of the Council coincides with a legal
holiday, or presents a conflict for a majority of me mbers, Council may
establish an alternate date, or cancel the regular meeting. The Clerk shall
ensure that any cancellation, alternate date or alternate location is published
on the City’s website or other generally accepted medium, as designated by
Council.
4.02 The Mayor and City Manager shall confer regularly regarding the agenda
for Council meetings, after which the Mayor shall determine the agenda.
Upon concurrence that a meeting may become unduly lengthy due to the
content and/or number of items on an agenda, the Mayor may divide the
agenda and defer items to the following regular meeting, or call a special
meeting.
4.03 Special meetings are governed by the Revised Charter, Article III, Section
3.06(b).
4.04 Members shall be present during all regular and special meetings. Excused
absences shall be granted by motion of Council when a member is ill, when
the member is in quarantine or otherwise acting pursuant to a health care
provider’s recommendation, there is sickness or death in a member’s
family, when a member is absent from the City, when job requirements
demand immediate attention, or on special leave. If possible, the member
shall notify both the Mayor and the Clerk of Council of an absence in
advance of the meeting the member will miss.
4.05 Council’s strong preference is that all members participate in-person at all
regular and special meetings when Council is meeting at a physical
location. Members may participate virtually in up to three (3) meetings per
calendar year when a member is ill, when the member is in quarantine or
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otherwise acting pursuant to a health care provider’s recommendation, there
is sickness or death in a member’s family, when the member is absent from
the City, when job requirements demand immediate attention, or on special
leave. If a member participates virtually, it is Council’s expectation that the
member participates in such a manner that the member is visible to the
meeting participants, unless technology issues prevent such manner of
participation. The member shall notify both the Mayor and the Clerk of
Council of the member’s intent to participate virtually in a meeting prior to
the commencement of the meeting.
ALTERNATIVE LANGUAGE FOR 4.05
4.05 Council’s strong preference is that all members participate in-person at all
regular and special meetings when Council is meeting at a physical
location. The Mayor may permit a member to participate virtually in the
event of an emergency. Members must request virtual participation prior to
any meeting that the member would like participate virtually. If a member
participates virtually, the member must participate in such a manner that the
member is visible to the meeting participants, unless technology issues
prevent such manner of participation.
4.06 The Mayor may determine that any regular or special meeting shall be held
virtually. Notice of the means of accessing and viewing the meeting shall be
as prescribed by Section 4.01.
4.07 It is Council’s expectation that if a meeting is held virtually, or individual
members participate virtually, that technology mechanisms will be in place
to ensure the public can observe and hear the meeting and that the
instructions for participation in the meeting are detailed on the City’s
website.
5. COUNCIL MEETING AGENDA
5.01 Except for emergency matters or other special matters requiring the
immediate attention of Council, a listing of business to be considered by
Council shall be prepared and delivered to each member at least 72 hours
prior to each regular Council meeting. Staff will make its best effort to
provide presentations prior to the scheduled Council meeting.
5.02 Any person may request that a matter of business be placed on the agenda
provided sufficient notice is provided either to the Mayor, City Manager or
the Clerk of Council. All proposed agenda items must be delivered to the
Clerk of Council seven days in advance of the meeting.
5.03 It is the responsibility of the Clerk to prepare and deliver the agenda and all
supporting documentation under the general supervision and direction of the
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Mayor and the City Manager. All members of the City organization and
members of the public are encouraged to cooperate with the Clerk in
making the agenda complete and accurate. While nothing herein will
prevent the introduction of new business not listed on the agenda, Council
may require additional time to study any item not included on the agenda.
5.04 Council may, upon majority vote of its members, modify the order or
contents of the agenda at a Council meeting.
6. NOTICE OF MEETINGS
6.01 Public Notice
The Clerk shall cause to be published one time in at least one newspaper of
general circulation in the City a statement of the dates, times, and places
(whether a physical location or virtual) of the Council meetings regularly
scheduled for the calendar year. Said publication shall occur no later than
the day preceding the day of the first such regular meeting for the calendar
year. The Clerk of Council may use any other medium appropriate for
notice of public meetings.
6.02 Public Posting
The Clerk shall also post a statement of the dates, times and places (whether
a physical location or virtual) of each regular Council meeting for the
calendar year at least one week prior to the first regular meeting of the
calendar year. Per Section 4.12 of the Revised Charter, said posting shall
be done at three public places as designated by Council. The Clerk shall
check at reasonable intervals to ensure that this statement remains posted.
7. PUBLICATION OF MEETING AGENDAS
7.01 Media Publication
The Clerk shall make arrangements to have the “tentative” agenda for
any regular or special meeting published on the City’s website. The
“tentative” agenda shall be that agenda which is prepared and
distributed to the press/media no later than Tuesday preceding a
regular meeting, or that agenda which is prepared in advance of a
special meeting
7.02 Agenda and Meeting Packets for Press/Media
The Clerk shall make available a copy of the agenda for any regular or
special meeting to any news organization requesting it. The agenda and
meeting packet shall be posted on the City website and shall include copies
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Charter
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Council
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of legislation and all other matters to be considered by Council at the
meeting. These agenda packets shall be made available on the City website
by 5:00 p.m. on Tuesday prior to regular meetings and as soon as
practicable prior to special meetings.
8. ORDER OF BUSINESS
The Mayor shall commence the meeting at the hour appointed for the meeting and
shall call the meeting to order and direct the Clerk to call roll. If a quorum is
present, the meeting shall continue.
ALTERNATIVE LANGUAGE
The Mayor shall commence the meeting at the hour appointed for the meeting. If a
meeting is commenced at a physical space, the Mayor must be present in order to
preside at the meeting. If the Mayor is not physically present, the Vice-Mayor or
the most senior member of Council (if the Vice-Mayor is not physically present)
shall preside at the meeting. The Chair shall call the meeting to order and direct the
Clerk to call roll. If a quorum is present, the meeting shall continue.
The order of any regular or alternate regular meeting shall be as follows:
1. Call to Order
2. Roll Call
3. Executive Session, if necessary
4. Pledge of Allegiance
5. Proclamations/Special Recognition
6. Citizen Comments. The Mayor shall determine the amount of time allowed
but generally no more than 5 minutes.
7. Consent Agenda
a. Action of Minutes of previous meeting(s)
b. Correspondence
c. Excused absences, if any
8. Legislation
a. Tabled/postponed legislation
b. Second Reading/Public hearings/second readings/vote on ordinances
c. First reading/Public Hearing of ordinances
d. First reading/public hearing/vote on resolutions
9. Other Business
10. Staff Comments
11. Council Committee Reports/Council Roundtable
12. Adjournment
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be made available at the discretion of the City Manager
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arrangements for pickup of its agenda packet.
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9. REQUEST TO SPEAK
9.01 Members’ Right to Speak
a. While each member has the right to speak, the member must be
recognized by the Mayor . Upon being recognized, the member may
proceed.
b. No member may filibuster. No member may speak for more than
five (5) minutes continuously, except by leave of the Mayor. The
decision by the Mayor in this matter is final. Reference to
personalities shall be avoided by all speakers.
c. A member may speak a second time on any one opportunity to
speak.
d. The Mayor shall regulate debate in any other manner that she/he
deems necessary, provided that the rights of all persons to express
their views are respected.
e. By a motion duly made, seconded, and passed by a majority of
members present, the Council may overrule any limitation of debate
by the presiding officer and allow a member to speak for an
additional five (5) minutes.
9.02 Residents/Interested Parties’ Duties
Any resident or interested party desiring to address the Council shall be first
recognized by the Mayor. She/he shall then state her/his name and address
in an audible tone for the Clerk’s record. The Mayor may permit any
person to participate in the meeting virtually at the Mayor’s discretion.
Remarks shall be limited to the question under discussion. All provisions of
9.01 apply.
9.03 City Employee
The City Manager, in accordance with Section 5.04 of the Charter, shall be
afforded the right to participate in discussions but not to vote. The City
Manager is responsible for and shall be afforded the opportunity to seek
clarity of direction from Council, when needed, to insure a majority
consensus on an issue. Any other appointed, administrative level official
shall be entitled at all times to speak upon any questions that pertain to their
duties, responsibilities and authority. All provisions of 9.01 apply.
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10. VOTING PROCEDURES
10.01 Every member present, when a question is put, shall vote unless the
member has an ethical conflict of interest. Any member requesting
permission to abstain may make a brief statement of the reason for making
such a request. The question shall then be immediately taken without
further debate.
10.02 Voting on all legislation shall be oral and in open Council. No proxy votes
are permitted. When the Clerk calls roll, each member shall respond “yes,”
“no,” or “abstain.” No other comment is permitted during voting. The
order of voting shall rotate in a random manner.
10.03 An affirmative vote of four (4) members shall be necessary to pass any
question, unless otherwise provided by the Charter.
10.04 No vote of a member shall be questioned. Any member so desiring may
briefly comment upon the vote personally cast after the roll call and
announcement of the result. The Mayor shall decide upon the propriety of
the comments and monitor the length of same.
11. LEGISLATION PROCEDURE
11.01 The introduction, passage and amendment of ordinances and resolutions
shall be governed by Article IV of the Charter and these Rules of Order. A
consent agenda may be used where minutes and correspondence items and
excused absences are organized apart from the rest of the agenda and
approved as a group. The Mayor may propose items for the consent agenda
as part of his/her duties relative to Section 4.02. Upon request of any
Council Member, an item will be removed from the consent agenda and
considered under the regular order of business.
The introduction, passage and amendment of ordinances and resolutions
shall be governed by Article IV of the Charter.
11.02 A member may speak on any legislation; call for questions; and question
the City Manager.
11.03 Any member may introduce such legislation as the member deems
appropriate. Legislation can be prepared and recommended by the
Administration, a Standing Committee of Council, an ad hoc committee of
Council, or a City Board or Commission; all such legislation must be
introduced by a Council member.
11.04 Any member may ask for verbal or written clarification of any motion.
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voting, and state whether the matter voted upon passed or failed.¶
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Manager and Clerk of Council.
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shall render); call for a division of the questions (the Mayor shall
render a decision regarding the divisibility of any question and said
decision shall be subject to appeal as is a question of order);
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member so requests.
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11.05 Ordinances and resolutions shall be read by title only unless there is an
objection from one of the Council members at which time the Council shall
meet the requirements of Article 4.04 of the Revised Charter.
11.06 Form of Ordinances/Resolutions
a. All ordinances and resolutions shall continue to be written in the same
format and style as was in use at the time these rules were enacted by
Council. All such legislation shall be assigned according to a system
that reflects the sequential order and year, e.g., 01-97.
b. Each ordinance/resolution shall contain not more than one subject,
which shall be fully described in the caption in easily understood terms.
11.07 Second Readings/Public Hearings - No motion is required on second
readings. After debate has closed, the Mayor shall direct the Clerk to call
the roll.
11.08 Motion to Reconsider – Any member who voted on the prevailing side
may move a reconsideration of any action of the Council, provided that the
motion be made not later than the next regular meeting after such action
was taken. A motion to reconsider shall be in order at any time, except
when a motion on some other subject is pending. A motion to reconsider
being laid upon the table may be taken up and acted upon at any time. No
motion to reconsider shall be made more than once on any matter or
subject.
11.09 Order of Consideration of Questions – All questions shall be considered
in the order in which they are made.
11.10 Motion Made – Additional Proper Motions – When a question is before
Council or under debate, or a motion has been made, no other motion shall
be proper, except the following and these take precedence according to the
order listed:
1. to adjourn
2. to postpone until future stated time
3. to request cessation of debate and that a vote be taken
4. to refer to a standing or ad hoc committee
5. to amend the matter under discussion
6. to table action for an indefinite time
11.11 Motion to Take from the Table – Any matter removed from the table shall
not be considered or acted upon until the next or a subsequent meeting.
Deleted: 11.05 When a motion is offered and seconded, it shall
be transcribed and read back by the Clerk before debate. When
written, it shall be read by the Clerk before debate.¶
¶
11.06 After a motion has been read by the Clerk, it shall be deemed
to be in Council’s possession and may be withdrawn only by leave
of the Council.¶
¶
Deleted: 7
Deleted: 8
Deleted: 9
Deleted: 1
Deleted: 11
Deleted: 2
Deleted: table
Deleted: postpone
Deleted: or to a date certain
Deleted: 11.13 Question Without Debate – The following
questions shall be considered without debate:¶
¶
1.to adjourn¶
2.to lie on the table¶
3.to take from the table ¶
4.all questions relating to priority¶
5.to approve all items on the consent agenda¶
¶
11.14 Motions to Postpone and Adjourn¶
¶
a.A motion to postpone (to a day certain or indefinitely) shall not
again be allowed at the same reading of the ordinance or resolution
under consideration. ¶
¶
b.A motion to adjourn shall always be in order, but if decided in
the negative, it shall not be entertained again until some motion,
order, or decision has taken place. ¶
¶
Deleted: 5
Deleted: motion to remove a
Deleted: be in order after consideration of one question
succeeding the tabling. This is not debatable.
10
11.12 Call to Order – If any member, in speaking or otherwise, violates the rules
of Council, the Chair or any member may call her/him to order and the
member so called shall cease speaking until the question of order is decided.
12. MISCELLANEOUS
12.01 Council Courtesies
No member shall privately confer while Council is in session with anyone other
than a Council colleague, the City Manager, the Clerk, or Law Director. Such
discussions as are permitted shall be brief and shall be conducted in the tone and
manner so as not to disturb the proceedings.
12.02 Confidentiality
a. On matters where public knowledge of same could be detrimental to
the City’s position on legal, fiscal, property acquisition, personnel or
other matters deemed by Council or the City Manager to require
confidentiality, all members shall limit and/or restrict discussion
and/or dissemination of the confidential information unless and until
Council or the City Manager decides such matters may be discussed
publicly.
b. No member may speak for the Council as a body unless specifically
authorized to do so by Council.
12.03 Enforcement of Rules
The Mayor shall conduct all Council meetings in accordance with these rules and
shall preserve order at all meetings, and shall enforce the rules of Council, either by
private or public reprimand.
12.04 Violation of Rules
If any member, in speaking or otherwise, shall violate any rule of Council, the
Mayor shall call the member to order. If such member is speaking when called to
order, the member immediately cease speaking unless permitted to explain. The
question of order shall be decided without debate, at the Mayor’s discretion.
12.05 Council Expectations
Council is committed to fostering a diverse and inclusive environment and expects
its members to be committed to the highest ideals, quality service and proper
conduct. Council welcomes the involvement of citizens in the decision-making
process and welcomes diverse experiences, perspectives and viewpoints. Council
Deleted: 11.16 Motion to Strike Out – A motion to strike out
and insert shall be deemed divisible, and a refusal to strike out
equivalent to agreeing to the matter in the form, but shall not
preclude further amendment by way of addition. ¶
¶
11.17 Appeal Decision of the Chair – On appeal of a decision of
the Chair, no member shall speak more than once, and the Chair
shall have preference.¶
¶
Deleted: 8
Deleted: fellow member
Formatted: Font: Bold
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respects the rights, dignity and worth of all citizens, public officials, peers,
applicants and employees and its members’ actions will reflect these standards
Adopted: Res. 09-96 – 6/9/97
Amended: Res. 87-08 – 1/20/09
Amended: Res. 47-09 – 10/5/09
Amended: Res. 44-11 – 9/12/11
Amended: Res. 66-14 – 8/25/14
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